what is the value of my car to rplace it damaged in an automobile accident when the other driver was at fault

my car was totally damaged by another party cied with careless driving
Additional information
My car totally damaged.The insurace of the person who damaged my car decline my claim .What should I do next?
Answer this question Add to list

Answers (3)

Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
You are entitled to collect the retail value of your car as it existed just prior to the impact. This value is usually determined based upon the age, make, model, mileage and other cosmetic factors.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.
1 0
Howard E. Spiva

Howard E. Spiva

Contributor Level 6
Look at NADA and blue book. Also check with local car dealers.

You may want to hire an attorney. You may want to contact the local bar for a reference.

Meanwhile take photographs of the scene, any property damages and any visible injuries.

Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
Medical Malpractice claims can be longer or shorter.
You should act now!

Do not give the "other side", their insurance company nor their lawyer a recorded statement or a medical authorization.

Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation.
Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct.

Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long.

Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods.

Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad.

Statutes vary by state and like most rules, almost all have exceptions.

~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action.

~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney. Here is some more detailed information: http://savannahnow.com/node/738402

~Act now!

Good Luck

Make it a great day!
Howard Spiva

The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com
1 0
Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
As damages you can make an argument to collect the retail value of your car as it was before the accident. This is the legal remedy for property damages. But, you may have other damages as well.

You can miss defenses and say the wrong things if you are not represented by an advocate as your attorney.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
2 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.